Vol. 59 No. 2
The Ministerial amendments Nos. 1, 6, 10, 18, 19 and 21, and amendments by Deputies, Nos. 14, 15 and 16, are all more or less dependent on or consequential on amendment No. 13. It might perhaps shorten the discussion on all these amendments if we took amendment No. 13 and disposed of it. Those other amendments would be more or less consequential on it. If that is not possible, we will have to take them in the ordinary way.
SECTION 2.
I beg to move amendment No. 1:—
At the end of the section to insert the words:—
"the expression `local financial year' means a period of 12 months ending on the 31st day of March."
Does the local financial year at present finish up on the 31st of March?
Yes. This is merely a drafting amendment.
I beg to move amendment No. 1a:—
Before Section 3 to insert a new section as follows:—
(1) The Minister may, before exercising or performing any power or duty conferred or imposed on him by this Act, cause a local inquiry to be held into the matter which is the subject of the exercise of such power or the performance of such duty.
(2) Sub-articles (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every local inquiry held under this section.
This is a drafting amendment. It empowers the Minister to hold an inquiry on oath, if necessary.
That amendment is scarcely in order. It was circulated only to-day. Will the Parliamentary Secretary say anything on that point? The amendment is not in order.
By reason of the fact that it was not circulated earlier?
Yes.
There is nothing contentious in it.
What is the meaning of sub-section (2)? We have not had time to look up the references.
These are the provisions that apply to every sworn inquiry, the ordinary provisions applying to every sworn inquiry held by the Department. There are no exceptional provisions.
Very good.
New section agreed to.
I beg to move amendment No. 2:—
In sub-section (3), to delete in line 10 the words "and for no other purposes" and substitute the words "Provided that out of these funds a sum equal to the income of these funds during the 12 months immediately preceding the date of the transfer of these funds shall while the existing committee maintains the present Fever Hospital be paid to the existing committee during each year on the same dates as the said income from these funds accrued."
I did not hear what the Parliamentary Secretary said with regard to the Ministerial amendments, nor did I hear what he said in connection with amendment No. 13. I do not want to delay the time of the House. Is he accepting this amendment?
No. I think the Ministerial amendment No. 4 meets the point that Deputy Cosgrave aims at in amendment No. 2 and I think that it is probably a more appropriate amendment. I think it covers the point the Deputy has in mind.
The Parliamentary Secretary might like to discuss the subject-matter of amendment No. 4 on this amendment.
The provision outlined there contemplates that the existing committee shall agree with the corporation in respect of the period between the handing over of the Sweepstakes money and the day appointed for the dissolution of the committee, that the yearly expenditure of the committee shall not exceed a specified amount and if the amount is not available from the ordinary sources of income of the existing committee, the deficit shall be met by the corporation. In the event of the corporation endeavouring to restrict too closely the expenditure of the committee, an appeal to the Minister is provided for and any payment by the corporation in respect of a deficit will, in pursuance of the present Section 8 in the Bill, be paid by the Sweepstakes money contributed by the committee.
It is some time ago since this question was raised, and the funds which are now to be surrendered by the committee were invested and brought in a certain income and that income was necessary in order to balance the accounts of the committee. It is proposed in this Bill to take from the committee all these funds and, consequently, all the revenue derived by the committee from the dividends that they got on those funds. The proposal of the Parliamentary Secretary, if I read it correctly, is that there is to be a discussion between the committee and the corporation in respect of any shortage by reason of the taking of this fund from them and the dividends in respect of the fund, and that in the event of a disagreement between the two the amount will be fixed by the Minister, and such expenses, which I expect mean the expenses in so far as the funds of the existing committee are insufficient to defray them, shall be defrayed by the corporation. It raises one question in connection with the administration of the local authorities and that is that the less dealings local authorities have with one another the better. At least that was my experience when I had any contact with local authorities.
Can the Minister tell the House if the committee of the Cork Fever Hospital is satisfied with this arrangement? This Bill has been put down at very short notice. I have not had an opportunity of looking up the correspondence I had with the committee at the time, but as matters stood, the dividends they would have obtained from their invested moneys left them in a position which it was their own business to regulate. Now when these moneys are taken from them, the bigger question arises of the insufficiency of income and if, as a result of the new arrangement, there is a conflict—and, as I say, I have not looked at the correspondence for some time— between the corporation and the committee, it would be a pity. Such a conflict should be avoided. On the other hand, if the two bodies are satisfied with this proposal, I have nothing to say on it, but I think the committee was justified in drawing attention to the fact that their income had been very considerably reduced and that, at least, until they were reliever of their responsibilities they ought to get the dividends which their invested moneys were bringing them in.
The practical difficulty of giving them a fixed sum, based on the previous year's expenditure, might be that if that fixed sum were not sufficient, it would not meet their liabilities. If it were more than sufficient, there would be a surplus. The provision proposed ensures that their liabilities will be met in full, but if, for example, the committee thought it would be a good thing to increase their staffs considerably in the transition period, or to increase the remuneration of their staffs, I think it is only reasonable that the corporation, who will ultimately be called upon to pay these staffs, should be consulted. On the point as to whether there has been complete agreement between the corporation and the committee, I am not in a position to say definitely that there has been, but so far as I know there has not been any disagreement. We have not had any representations, either from the committee or from the corporation, disapproving of this particular amendment. I believe there is agreement and that there is not any objection to the scheme as set out here.
The Parliamentary Secretary is of the opinion that the committee is satisfied with this amendment of his?
I have no reason to think that they are dissatisfied. I believe they are satisfied but I have no positive reason to know that they are. They have not expressed any dissatisfaction with it.
In that case, I will withdraw the amendment, but if, in the meantime, I hear there is any dissatisfaction, I reserve my right to put it down on Report Stage.
I move amendment No. 3:—
At the end of the section to insert a new sub-section as follows:—
(4) In this section the word "land" includes any easement or right in to or over land or water.
This is considered necessary to facilitate the acquisition of rights to land and water in connection with the purchase of a site for the new fever hospital. It is only a drafting amendment.
I move amendment No. 4:—
Before Section 8 to insert a new section as follows:—
8. The expenditure incurred or to be incurred by the existing committee in the maintenance and management of the existing fever hospital shall not in any local financial year or portion of a year during the period between the commencement of this Part of this Act and the appointed day exceed such amount as may be agreed upon by the existing committee and the corporation or in default of agreement as may be fixed by the Minister, and such expenses shall, in so far as the funds of the existing committee are insufficient to defray them, be defrayed by the corporation.
We have just discussed this.
I move amendment No. 5:—
In line 39, to delete the words "immediately preceding section" and substitute the words "two immediately preceding sections."
This is consequential on amendment No. 4.
I move amendment No. 6:—
To delete all words from and including the word "and" page 5, line 60, to the end of the section.
This is consequential on the proposed new section to be inserted before Section 33. It is a drafting amendment.
I move amendment No. 7:—
In sub-section (2), page 10, line 40, to delete the figures "202" and substitute the figures "201."
This is a drafting amendment for the purpose of correcting an error.
I move amendment No. 8:—
In sub-section (2), lines 52 and 53, to delete the words "have regard to" and substitute the words "observe and carry out."
This amendment is intended to give definite control to the medical superintendent officer of health of Cork Borough over the resident medical superintendent of the proposed new fever hospital. Both the corporation and the committee of the existing fever hospital pressed the Department to insert an amendment such as this and on full consideration it was considered desirable to amend the Bill accordingly. It is considered a desirable amendment, having regard to the part played by such institutions in respect of the prevention of infectious diseases.
The corporation are satisfied with this?
I think so. They have expressed themselves as being satisfied with it.
I move amendment No. 10:—
In sub-section (2), lines 30 and 31, to delete the words "establishment expenses account" and substitute the words "common fund of the board."
This amendment is consequential on the proposed insertion of a new section before Section 33.
I move amendment No. 11:—
Before Section 32 to insert a new section as follows:—
The medical superintendent officer of health of the County Borough of Cork and the county medical officer of health for the County of Cork shall, respectively, be entitled, at all reasonable times, to enter the new fever hospital and to inspect the same and the arrangements made for the care of the patients therein and to inspect and examine, respectively, the city patients and joint district patients therein, and each of the said officers shall also be entitled, in consultation with the resident medical superintendent, to engage therein in research work in relation to the prevention and treatment of infectious diseases.
It is considered desirable that the principal medical officers of health responsible for the control of infectious diseases in Cork City and County should be entitled to inspect the arrangements for the treatment of infectious disease cases sent from their administrative areas to the new fever hospital, and to undertake research work in connection with such cases if they so desire. The amendment is intended to afford them such facilities.
I move amendment No. 12:—
In page 13, lines 22 and 23, to delete the words "suffer any disqualification or any loss of franchise or other right or privilege" and substitute the words "be disqualified for being elected or being a member of any local authority".
This is a drafting amendment. It is considered that the phrasing of the existing section is too wide and requires to be restricted to disqualification for election to or membership of a local authority.
Is it proposed to disqualify a person who has to enter the hospital from membership of a public body?
No. The proposal is to guard against disqualification.
Then what is meant is "or be disqualified"?
Yes.
It is very important that the "or" should be inserted. The intention is that the person should not be disqualified?
Yes, that is the intention. I shall have the drafting looked into. The intention is that such a person should not be disqualified, and I think that is the effect of the amendment.
I move amendment No. 13:—
Before Section 33 to insert a new section as follows:—
(1) All expenses incurred by the board under this Act shall in the first instance be defrayed by the board out of a fund to be called the common fund, and all sums received or recovered by the board under this Act shall be paid into the common fund and carried to the appropriate account thereof.
(2) In the common fund a separate account shall be kept for the corporation in respect of city patients and for the board of health in respect of joint district patients.
(3) The expenses incurred under this Act by the board in each local financial year shall be defrayed by the corporation and the board of health respectively in the proportion which the total number of in-patient days of city patients in such year bears to the total number of in-patient days of joint district patients in such year.
(4) The money required to meet the expenses of the board under this Act in respect of a local financial year shall be supplied by the corporation and the board of health upon the prescribed demand of the board, and the money so demanded shall be a debt due by the corporation or the board of health (as the case may be).
(5) A demand under this section in respect of any local financial year upon the corporation and the board of health for payment of the expenses. of the board shall be a demand for the estimated proportion, payable by the corporation and the board of health respectively, of the estimated expenses of the board in respect of such financial year.
This amendment embodies an agreement arrived at between the Cork Corporation and the South Cork Board of Public Health in regard to the chargeability of the expenses of administering the proposed new fever hospital. Its adoption will involve the deletion of Sections 33, 34 and 35 and render unnecessary the classification of the cost of the institution into establishment expenses and patients' expenses. The general effect of the amendment is to provide that the cost of administering the institution and maintaining patients therein shall be charged against the corporation and South Cork Board of Public Health, respectively, in proportion to the in-patient days for which patients from the administrative areas of these bodies are respectively responsible. Several Deputies, including the Leader of the Opposition, were interested in this matter and strong representations were made from the South Cork Board of Public Assistance in regard to it. We have now the agreement of all the bodies concerned to this amendment.
I move amendment No. 17:—
At the end of the section to add a new sub-section as follows:—
(2) The board shall have the powers of borrowing conferred on a local authority by Section 3 of the Local Authorities (Financial Provisions) Act, 1921, as amended by Section 3 of the Local Government (Temporary Provisions) (Amendment) Act, 1924 (No. 13 of 1924).
This addition will give power to the Hospital Board to borrow temporarily to meet current expenses.
I move amendment No. 18:—
In sub-section (4), line 36, to delete the words "establishment expenses account" and substitute the words "common fund of the board".
Amendments 18 and 19 go together. They are consequential on the new section inserted before Section 33.
I move amendment No. 19:—
To delete sub-section (2).
I move amendment No. 20:—
To delete sub-section (3) and substitute the following new sub-section:—
(3) For the purposes of the provisions of this Part of this Act relating to expenses of the board, the following provisions shall have effect, that is to say:—
(a) every patient who is resident in the existing fever hospital on the appointed day or who is removed from the existing fever hospital to the new fever hospital under this section shall, if he was, at the date of his admission to the existing fever hospital, resident in the County Borough of Cork, be deemed to be a city patient or, if he was, at the date of his admission to the existing fever hospital, resident in the joint district, be deemed to be a joint district patient;
(b) every person who is so deemed to be a city patient or a joint district patient shall on and after the appointed day while resident in the existing fever hospital be deemed to be resident in the new fever hospital.
This amendment is intended to provide for the chargeability of the cost of maintenance of patients who are being treated in the existing fever hospital on the appointed day or who are removed from the existing fever hospital to the new fever hospital in pursuance of Section 44 (2).
I move amendment No. 21:—
To delete paragraph (c).
This amendment is consequential on the insertion of the new section before Section 33.
